Legal Question in Criminal Law in California

Power of Attorney while Incarcerated

My brother will be incarcerated for 8 months (possibly a state facility.) He was awarded a workman's comp. settlement and has been receiving monthly payments for over a year. Is there an incarceration clause in California? If he signs a Power of Attorney can I do his banking for him while he's incarcerated?


Asked on 7/14/06, 7:50 am

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Power of Attorney while Incarcerated

Thank you for your question. I'm not entirely clear on what an "incarceration clause" might be, but he would have the right to compensation for his injury, no matter where he is, or where he's held.

One option is to have the check electronically deposited into a joint bank account, which you would be allowed to have access to. Another option, as you've mentioned, is for him to sign a prepared, notarized, "durable power of attorney for finances", which would allow you to act in his best interests in regards to the financial decisions and powers that he would grant in that document.

Thanks again, but if you have any additional questions, or want more information, feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can. Thanks.

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Answered on 7/14/06, 3:47 pm


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